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BUSINESS - MARK

Who benefits from a trademark?

 

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels. The Government earns revenue as a fee for registration and protection of registration of trademarks
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same
The Purchaser and ultimately Consumers of goods and services get options to choose the best.

What are the benefits of registering a trademark?

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

 

What are the formalities and government fees for major trademark transactions?

  • For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/
  • To file a Notice of Opposition to oppose an application published in the Trade Marks Journal


(FormTM-5). Fees: Rs. 2,500/- for each class covered :

  • For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
  • Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
  • Restoration of removed mark (Form TM-13) Fees: 5,000/-
  • Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
  • Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
  • Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.

What are the sources of trademark laws?.
  • The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder .
  • International multilateral convention.
  • National bilateral treaty.
  • Regional treaty.
  • Decision of the courts.
  • Office practice reduced in Manuals and guidelines and rulings of the Courts
  • Decision of Intellectual Property Appellate Board.
  • Text books written by academician and professional experts.
What does the Register of trademark contain?

The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.


Can any correction be made in the application or register?

But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.


Can a registered trademark be removed from the register?

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark.